This is a Notice of Bad Check or NSF Check - Civil. A "dishonored check" (also
known as a "bounced check" or "bad check") is a Bad Check or NSF check which the
bank will not pay because there is no such checking account, or there are
insufficient funds in the account to pay the Bad Check or NSF check. In order to
attempt the greatest possible recovery on a Bad Check or NSF check, the business
owner, or any other person given a Bad Check or NSF check, may be required by
state law to notify the debtor that the Bad Check or NSF check was dishonored.

(a) Notwithstanding any criminal sanctions which may apply, any person who
makes, utters, draws, or delivers any bad check or NSF check, draft, or order
upon any bank, depository, person, firm, or corporation for the payment of
money, which drawee refuses to honor the instrument for lack of funds or credit
in the account from which to pay the instrument or because the maker has no
account with the drawee, and who fails to pay the same amount in cash to the
payee named in the instrument within ten days after a written demand therefor,
as provided in subsection (c) of this Code section, has been delivered to the
maker by certified mail or statutory overnight delivery shall be liable to the
payee, in addition to the amount owing upon such bad check or NSF check, draft,
or order, for damages of double the amount so owing, but in no case more than
$500.00, and any court costs incurred by the payee in taking the action.

(b) The payee may charge the maker of the bad check or NSF check, draft, or
order a service charge not to exceed $25.00 or 5 percent of the face amount of
the instrument, whichever is greater, plus the amount of any fees charged to the
holder of the instrument by a bank or financial institution as a result of the
instrument not being honored, when making written demand for payment.

(c) Before any recovery under subsection (a) of this Code section may be
claimed, a written demand in substantially the form which follows shall be sent
by certified mail or statutory overnight delivery to the maker of the instrument
at the address shown on the instrument:

(d) For purposes of this Code section, the holder of the dishonored bad check or
NSF check, draft, or order shall file the action in the county where the
defendant resides.

(e) It shall be an affirmative defense, in addition to other defenses, to an
action under this Code section if it is found that:

(1) Full satisfaction of the amount of the bad check or NSF check or instrument
plus the applicable service charge and any fees charged to the holder of the
instrument by a bank or financial institution as a result of the instrument not
being honored was made prior to the commencement of the action;

(2) The bank or depository erred in dishonoring the bad check or NSF check or
instrument; or

(3) The acceptor of the bad check or NSF check or instrument knew at the time of
acceptance that there were insufficient funds on deposit in the bank or
depository with which to cause the check or instrument to be honored.

(f) In an action under this Code section, the court or jury may, however, waive
all or part of the double damages upon finding that the defendant's failure to
satisfy the bad check or NSF check or instrument was due to the defendant
receiving a bad check or NSF check or instrument written to the defendant by
another party.

(g) Subsequent to the commencement of the civil action under this Code section,
but prior to the hearing, the defendant may tender to the plaintiff as
satisfaction of the claim an amount of money equal to the sum of the amount of
the bad check or NSF check, service charges on the check, any fees charged to
the holder of the instrument by a bank or financial institution as a result of
the instrument not being honored, and any court costs incurred by the plaintiff
in taking the action.

(h) In an action under this Code section, if the court or jury determines that
the failure of the defendant to satisfy the dishonored check was due to economic
hardship, the court or jury has the discretion to waive all or part of the
double damages. However, if the court or jury waives all or part of the double
damages, the court or jury shall render judgment against the defendant in the
amount of the bad check or NSF check plus service charges on the check plus any
fees charged to the holder of the instrument by a bank or financial institution
as a result of the instrument not being honored and any court costs incurred by
the plaintiff in taking the action.

(a) A person commits the offense of deposit account fraud when such person
makes, draws, utters, executes, or delivers an instrument for the payment of
money on any bank or other depository in exchange for a present consideration or
wages, knowing that it will not be honored by the drawee. For the purposes of
this Code section, it is prima-facie evidence that the accused knew that the
instrument would not be honored if:

(1) The accused had no account with the drawee at the time the instrument was
made, drawn, uttered, or delivered;

(2) Payment was refused by the drawee for lack of funds upon presentation within
30 days after delivery and the accused or someone for him or her shall not have
tendered the holder thereof the amount due thereon, together with a service
charge, within ten days after receiving written notice that payment was refused
upon such instrument. For purposes of this paragraph:

(A) Notice mailed by certified or registered mail or statutory overnight
delivery evidenced by return receipt to the person at the address printed on the
instrument or given at the time of issuance shall be deemed sufficient and
equivalent to notice having been received as of the date on the return receipt
by the person making, drawing, uttering, executing, or delivering the
instrument. A single notice as provided in subparagraph (B) of this paragraph
shall be sufficient to cover all instruments on which payment was refused and
which were delivered within a ten-day period by the accused to a single entity,
provided that the form of notice lists and identifies each instrument; and

(B) The form of notice shall be substantially as follows:

... [ see, USLF form GA-402N ] ...

(3) Notice mailed by certified or registered mail or statutory overnight
delivery is returned undelivered to the sender when such notice was mailed
within 90 days of dishonor to the person at the address printed on the
instrument or given by the accused at the time of issuance of the instrument.

(b)(1) Except as provided in paragraphs (2) and (3) of this subsection and
subsection (c) of this Code section, a person convicted of the offense of
deposit account fraud shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished as follows:

(A) When the instrument is for less than $100.00, a fine of not more than
$500.00 or imprisonment not to exceed 12 months, or both;

(B) When the instrument is for $100.00 or more but less than $300.00, a fine of
not more than $1,000.00 or imprisonment not to exceed 12 months, or both; or

(C) When more than one instrument is involved and such instruments were drawn
within 90 days of one another and each is in an amount less than $100.00, the
amounts of such separate instruments may be added together to arrive at and be
punishable under subparagraph (B) of this paragraph.

(2) Except as provided in paragraph (3) of this subsection and subsection (c) of
this Code section, a person convicted of the offense of deposit account fraud,
when the instrument is for an amount of not less than $300.00 nor more than
$499.99, shall be guilty of a misdemeanor of a high and aggravated nature. When
more than one instrument is involved and such instruments were given to the same
entity within a 15 day period and the cumulative total of such instruments is
not less than $300.00 nor more than $499.99, the person drawing and giving such
instruments shall upon conviction be guilty of a misdemeanor of a high and
aggravated nature.

(3) Except as provided in subsection (c) of this Code section, a person
convicted of the offense of deposit account fraud, when the instrument is for
$500.00 or more, shall be guilty of a felony and, upon conviction thereof, shall
be punished by a fine of not less than $500.00 nor more than $5,000.00 or by
imprisonment for not more than three years, or both.

(4) Upon conviction of a first or any subsequent offense under this subsection
or subsection (c) of this Code section, in addition to any other punishment
provided by this Code section, the defendant shall be required to make
restitution of the amount of the instrument, together with all costs of bringing
a complaint under this Code section. The court may require the defendant to pay
as interest a monthly payment equal to 1 percent of the amount of the
instrument. Such amount shall be paid each month in addition to any payments on
the principal until the entire balance, including the principal and any unpaid
interest payments, is paid in full. Such amount shall be paid without regard to
any reduction in the principal balance owed. Costs shall be determined by the
court from competent evidence of costs provided by the party causing the
criminal warrant or citation to issue; provided, however, that the minimum costs
shall not be less than $25.00. Restitution may be made while the defendant is
serving a probated or suspended sentence.

(c) A person who commits the offense of deposit account fraud by the making,
drawing, uttering, executing, or delivering of an instrument on a bank of
another state shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than one nor more than five years or by a
fine in an amount of up to $1,000.00, or both.

(d) The prosecuting authority of the court with jurisdiction over a violation of
subsection (c) of this Code section may seek extradition for criminal
prosecution of any person not within this state who flees the state to avoid
prosecution under this Code section.

(e) In any prosecution or action under this Code section, an instrument for
which the information required in this subsection is available at the time of
issuance shall constitute prima-facie evidence of the identity of the party
issuing or executing the instrument and that the person was a party authorized
to draw upon the named account. To establish this prima-facie evidence, the
following information regarding the identity of the party presenting the
instrument shall be obtained by the party receiving such instrument: the full
name, residence address, and home phone number.

(1) Such information may be provided by either of two methods:

(A) The information may be recorded upon the instrument itself; or

(B) The number of a check-cashing identification card issued by the receiving
party may be recorded on the instrument. The check-cashing identification card
shall be issued only after the information required in this subsection has been
placed on file by the receiving party.

(2) In addition to the information required in this subsection, the party
receiving an instrument shall witness the signature or endorsement of the party
presenting such instrument and as evidence of such the receiving party shall
initial the instrument.

(f) As used in this Code section, the term:

(1) "Bank" shall include a financial institution as defined in this Code
section.

(2) "Conviction" shall include the entering of a guilty plea, the entering of a
plea of nolo contendere, or the forfeiting of bail.

(3) "Financial institution" shall have the same meaning as defined in paragraph
(21) of Code Section 7-1-4 and shall also include a national bank, a state or
federal savings bank, a state or federal credit union, and a state or federal
savings and loan association.

(4) "Instrument" means a bad check or NSF check, draft, debit card sales draft,
or order for the payment of money.

(5) "Present consideration" shall include without limitation:

(A) An obligation or debt of rent which is past due or presently due;

(B) An obligation or debt of state taxes which is past due or presently due;

(C) An obligation or debt which is past due or presently due for child support
when made for the support of such minor child and which is given pursuant to an
order of court or written agreement signed by the person making the payment;

(D) A simultaneous agreement for the extension of additional credit where
additional credit is being denied; and

(E) A written waiver of mechanic's or material men's lien rights.

(6) "State taxes" shall include payments made to the Georgia Department of Labor
as required by Chapter 8 of Title 34.

(7) "Holder in due course" shall have the same meaning as in Code Section
11-3-302.

(g) This Code section shall in no way affect the authority of a sentencing judge
to provide for a sentence to be served on weekends or during the nonworking
hours of the defendant as provided in Code Section 17-10-3.

(h)(1) Any party holding a worthless instrument and giving notice in
substantially similar form to that provided in subparagraph (a)(2)(B) of this
Code section shall be immune from civil liability for the giving of such notice
and for proceeding as required under the forms of such notice; provided,
however, that, if any person shall be arrested or prosecuted for violation of
this Code section and payment of any instrument shall have been refused because
the maker or drawer had no account with the bank or other depository on which
such instrument was drawn, the one causing the arrest or prosecution shall be
deemed to have acted with reasonable or probable cause even though he, she, or
it has not mailed the written notice or waited for the ten-day period to elapse.
In any civil action for damages which may be brought by the person who made,
drew, uttered, executed, or delivered such instrument, no evidence of statements
or representations as to the status of the instrument involved or of any
collateral agreement with reference to the instrument shall be admissible unless
such statements, representations, or collateral agreement shall be written
simultaneously with or upon the instrument at the time it is delivered by the
maker thereof.

(2) Except as otherwise provided by law, any party who holds a worthless
instrument, who complies with the requirements of subsection (a) of this Code
section, and who causes a criminal warrant or citation to be issued shall not
forfeit his or her right to continue or pursue civil remedies authorized by law
for the collection of the worthless instrument; provided, however, that if
interest is awarded and collected on any amount ordered by the court as
restitution in the criminal case, interest shall not be collectable in any civil
action on the same amount. It shall be deemed conclusive evidence that any
action is brought upon probable cause and without malice where such party
holding a worthless instrument has complied with the provisions of subsection
(a) of this Code section regardless of whether the criminal charges are
dismissed by a court due to payment in full of the face value of the instrument
and applicable service charges subsequent to the date that affidavit for the
warrant or citation is made. In any civil action for damages which may be
brought by the person who made, drew, uttered, executed, or delivered such
instrument, no evidence of statements or representations as to the status of the
instrument involved or of any collateral agreement with reference to the
instrument shall be admissible unless such statements, representations, or
collateral agreement shall be written simultaneously with or upon the instrument
at the time it is delivered by the maker thereof.

(i) Notwithstanding paragraph (2) of subsection (a) of this Code section or any
other law on usury, charges, or fees on loans or credit extensions, any lender
of money or extender of other credit who receives an instrument drawn on a bank
or other depository institution given by any person in full or partial repayment
of a loan, installment payment, or other extension of credit may, if such
instrument is not paid or is dishonored by such institution, charge and collect
from the borrower or person to whom the credit was extended a bad instrument
charge. This charge shall not be deemed interest or a finance or other charge
made as an incident to or as a condition to the granting of the loan or other
extension of credit and shall not be included in determining the limit on
charges which may be made in connection with the loan or extension of credit or
any other law of this state.

(j) For purposes of this Code section, no service charge or bad instrument
charge shall exceed $25.00 or 5 percent of the face amount of the instrument,
whichever is greater, except that the holder of the instrument may also charge
the maker an additional fee in an amount equal to that charged to the holder by
the bank or financial institution as a result of the instrument not being
honored.

(k) An action under this Code section may be prosecuted by the party initially
receiving a worthless instrument or by any subsequent holder in due course of
any such worthless instrument.